- 1 - NC: 2025:KHC:17672-DB MFA No.5208/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL No.5208/2024 (FC) BETWEEN: GIREESHA K M S/O MADEGOWDA AGED ABOUT 36 YEARS R/AT KANENURU VILLAGE NANJANAGUDU- 571 314 MYSURU DISTRICT …APPELLANT (BY SRI CHETHANA S J, ADVOCATE) AND: KAVITHA K W/O GIREESHA K M AGED ABOUT 28 YEARS PRESENTLY R/AT No.65/B 3RD CROSS, 4TH MAIN JAYANAGARA, MYSURU WORKING AS WOMAN POLICE CONSTABLE 1255 ASHOKPURAM POLICE STATION MYSURU-22 …RESPONDENT (BY SRI BHARGAVA D BHAT, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 24.04.2024 PASSED IN M.C.NO.383/2023 ON THE FILE OF THE III ADDITIONAL PRINCIPAL FAMILY JUDGE, MYSURU DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i-a)(i-b) OF THE HINDU MARRIAGE ACT, 1955. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:17672-DB MFA No.5208/2024 CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE M.G.S.KAMAL) This appeal is by the appellant-husband Sri Gireesha K.M. aggrieved by the rejection of his petition for dissolution of his marriage with respondent-wife Smt.Kavita K., in M.C.No.383/2023 on the file of III Additional Principal Family Judge, Mysuru vide order dated 24.04.2024. 3. Today, the appellant-husband and respondent-wife are present personally. Learned counsel for the appellant- husband is present through video conferencing. While learned counsel for the respondent-wife is present. 4. Parties have filed a joint affidavit which reads as follows: “We, Gireesha K.M., S/o Madegowda, aged about 37 years, resident of Kanenuru Post, Hullahalli Hobli, Nanjangud Taluk and presently at Bangalore and Kavitha K., W/o Gireesha K.M., aged about 29 years, resident of Kanenuru Post, Hullahalli Hobli, Nanjangud Taluk and presently at Bangalore do hereby solemnly affirm under oath as follows: 1. We submit that the 1st of us is the Appellant in the present case and the 2nd of us is the Respondent in - 3 - NC: 2025:KHC:17672-DB MFA No.5208/2024 the present case. We are well versed with the facts and circumstances of the above case and competent to swear to this affidavit. 2. We submit that we were married on 20.06.2018 and from our wedlock, we have one child by name Master Gagan G who is currently aged 4 ½ years. 3. We submit that due to certain differences that had arisen between us, the 1st of us (i.e., the Appellant) had instituted a proceeding before the Family Court, Mysuru in M.C. No. 383/2023 seeking for a decree of divorce. The said matter was contested by both of us and after trial, the petition came to be dismissed on 24.04.2024. Aggrieved by the judgment dated 24.04.2024, the Appellant has approached this Hon'ble Court by way of the present Appeal. 4. We submit that during the pendency of the above Appeal, at the intervention of well wishers and family members, we have jointly resolved the disputes pending between us. Upon such resolution, we have both decided to continue our cohabitation together as husband and wife. 5. We submit that we will endeavour to ensure that we continue our matrimonial life peacefully and take care of our child to the best of our abilities. We shall also endeavour to ensure that our respective families do not unreasonably interfere with our marital life. 6. We submit that in view of the arrangement so reached between us, the 1st of us (i.e., the Appellant) is desirous of withdrawing the above - 4 - NC: 2025:KHC:17672-DB MFA No.5208/2024 Appeal subject to the terms of this joint affidavit and the 2nd of us (i.e., the Respondent) has no objections to such course of action being adopted. In view of the same we both respectfully pray that this Hon'ble Court be pleased to take the present joint affidavit on the record and dispose of the present Appeal as withdrawn to serve the interests of justice and equity. We, the deponents, do hereby declare this is our name and signature and the contents of this affidavit are true and correct to the best of our knowledge, information, and belief.” 4. The aforesaid joint affidavit is taken on record. The appeal is dismissed as withdrawn. In view of dismissal of the appeal, I.A.No.1/2025 does not survive for consideration and disposed of accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S.KAMAL) JUDGE KSR List No.: 1 Sl No.: 14